TN Visa Renewal with New Employer

#1
QQ : Since the land border is closed and premium processing is also stopped by USCIS for TN Visa.

1) My current TN is expiring by the end of May and this is my first renewal. If my new employer files an adjustment of status(i-129) for TN renewal to USCIS. Does it have to be reviewed by USCIS officer and issue approved i-94(TN renewal) before I start working with the new employer (OR) I can start the work with the new employer until the AOS is decisioned by USCIS?

2) Before May if I am not able to land a job, I am planning to change the status to TD Visa(Dependant of my spouse) by filing I-539 with USCIS until I can get a new job. As the USCIS processing time is taking longer and in the meantime land border restriction is lifted.... before the TD decision comes if I go out of country and apply for a TN visa with the new employer. Will it cause any concerns as my TD status decision hasn`t been approved yet or will be considered as Out of status from June onwards?

Thanks in advance for your inputs.
 
#3
New employer. My current employer TN is ending by May and if switch to new employer will they be able to apply AOS - TN via I129 ? Does it has to be decisioned by USCIS before i start working in TN for new employer ?

Thanks
 

nelsona

Registered Users (C)
#4
OK. So, first, let's be using the correct terms. Your new sponsor is filing an I-129 TN Worker Petition , not a change of status, and certainly not an Adjustment of Status or AOS (which is for a Green Card). Don't use this term.

Only renewals with the same sponsor have the benefit of allowing one to continue working while I-129 is pending. Yours in NIT a renewal, so you will need to have the I-129 approved before you can start working. Your choice is to apply now in hopes it will be ready in time, or go to the border just before you begin working (if that will be possible in May).
 
#5
Thanks Nelsona so much. I will take a note of AOS sorry about the confusion.

Basically if iam continuing with my current employer and if they file I129 TN extension means i can continue to work post May when I-129 is pending whereas not for new employer.

Can you also please help with my second question also...
2) Before May if I am not able to land a job, I am planning to change the status to TD Visa(Dependant of my spouse) by filing I-539 with USCIS until I can get a new job. As the USCIS processing time is taking longer and in the meantime land border restriction is lifted.... before the TD decision comes if I go out of country and apply for a TN visa with the new employer. Will it cause any concerns as my TD status decision hasn`t been approved yet or will be considered as Out of status from June onwards?
 

nelsona

Registered Users (C)
#6
Once I-539 is filed, you will be considering legal "TD-pending" status while in US until you either leave US or your I-539 is approved/denied, whichever is first. File the I-539 just before you lose your current job. Be careful that your spouse needs to remain in TN status for you to legally apply for TD.
 
#7
Once I-539 is filed, you will be considering legal "TD-pending" status while in US until you either leave US or your I-539 is approved/denied, whichever is first. File the I-539 just before you lose your current job. Be careful that your spouse needs to remain in TN status for you to legally apply for TD.
Thanks Nelsona for sharing your inputs. Much appreciated.
 

prbak

New Member
#8
One final clarification :

As my TN visa is expiring May 2020 and If my new employer applies(mid May) I-129 for TN change of employer(Concurrent) and during the processing time of 3 to 4 months can i stay in US post May 2020 without working for new employer ?Is it still consider as legal stay until the outcome for TN change of employer ?
 

nelsona

Registered Users (C)
#9
Yes. This is TN pending status. Legal for presence, but not for work. One cannot collect UI or EI during this period.
 
#11
Received TN Change of Employer at Peace Bridge PoE.

I wanted to share my experience with the border crossing. During my current visit without visiting Canada PoE i did a U turn and requested TN. Usually i cross Canada PoE this time didn't cross due to border closure/14 day quarantine. US Officer asked whether i crossed border ? I informed them i did a U turn before visiting Canada PoE. US officer took my passport to office and requested to park my car. After verifying he came back and informed he can`t process TN as i haven`t visited Canada and he gave an option either to go inside US and apply through USCIS OR go to Canada but he also mentioned Canada might quarantine you for 14 days or they might not allow back to US. Tricky situation...... after travelling for more than 12 to 14 hours...oh gosh it was a nerve breaking moment.

Later i called Canada border to check if 14 day quarantine is applicable to me. They asked where i am currently residing and if its US and returning immediately for TN visa then 14 day quarantine is not applicable. They suggested to do a flag poling at Canada PoE. I was kind of bit relieved after calling them but wasn`t sure whether to take the risk of going to Canada PoE or continue my journey back and apply through USCIS. Later i decided to take a chance since USCIS will take 3 to 4 months.

Visited Canada PoE and informed them about reason for visit and asked them about Flag poling. They issued a flag poling letter and asked me to take a U turn immediately. I entered US and hand over my passport and flag poling letter. They requested only the applicant to enter the building. TN officer reviewed the paperwork then asked couple of questions and requested me to wait. After 15 mins he came back and handover the passport with new i-94.

Good luck to everyone....
 
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